8 U.S.C. § 1252 — Judicial review of orders of removal

Page 337 TITLE 8—ALIENS AND NATIONALITY § 1252 CODIFICATION Section is comprised of section 235 of Pub. L. 110–457. Pars. (1), (3), and (7) of section 235(d) of Pub. L. 110–457 amended sections 1101, 1255, and 1158 of this title, re- spectively. Section 235(f) of Pub. L. 110–457 amended section 279 of Title 6, Domestic Security. Section was enacted as part of the William Wilber- force Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Na- tionality Act which comprises this chapter. AMENDMENTS 2018—Subsec. (c)(6)(F). Pub. L. 115–393, § 301(d)(1), sub- stituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary and Human Services’’ in introductory pro- visions. Subsec. (c)(6)(F)(ii). Pub. L. 115–393, § 301(d)(2), sub- stituted ‘‘fiscal years 2018 through 2021’’ for ‘‘the fiscal years 2016 and 2017’’. 2013—Subsec. (c)(2). Pub. L. 113–4, § 1261, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (c)(6). Pub. L. 113–4, § 1262, designated existing provisions as subpar. (A), inserted heading, struck out ‘‘and criminal’’ after ‘‘immune from civil’’, and added subpars. (B) to (F). Subsec. (d)(4)(A). Pub. L. 113–4, § 1263(1), in introduc- tory provisions, struck out ‘‘either’’ before ‘‘in the cus- tody’’, substituted ‘‘such child,’’ for ‘‘such child or who’’, and inserted ‘‘, or has been granted status under section 101(a)(15)(U) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(15)(U)),’’ before ‘‘, shall be el- igible for placement’’. Subsec. (d)(4)(B). Pub. L. 113–4, § 1263(2), inserted ‘‘, or status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’’ before ‘‘, the Federal Government’’. PART V—ADJUSTMENT AND CHANGE OF STATUS § 1251. Transferred Editorial Notes CODIFICATION Section 1251, act June 27, 1952, ch. 477, title II, ch. 5, § 241, 66 Stat. 204, as amended, which related to deport- able aliens, was renumbered section 237 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 305(a)(2), Sept. 30, 1996, 110 Stat. 3009–598, and was transferred to section 1227 of this title. § 1251a. Repealed. Pub. L. 87–301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657 Section, Pub. L. 85–316, § 7, Sept. 11, 1957, 71 Stat. 640, excepted spouse, child or parent of a United States cit- izen, and aliens admitted between Dec. 22, 1945, and Nov. 1, 1954, inclusive, who misrepresented their na- tionality, place of birth, identity or residence, provided this latter group did so misrepresent because of fear of persecution because of race, religion or politics if repa- triated and not to evade quota restrictions, or an inves- tigation of themselves, from the deportation provisions of section 1251 of this title which declared excludable, those aliens who sought to procure or procured entry into the United States by fraud and misrepresentation, or who were not of the nationality specified in their visas, and authorized the admission, after Sept. 11, 1957, of any alien spouse, parent or child of a United States citizen or of an alien admitted for permanent residence who sought, or had procured fraudulent entry into the United States or admitted committing perjury in con- nection therewith, if otherwise admissible and the At- torney General consented. See section 1182(h) of this title. § 1252. Judicial review of orders of removal (a) Applicable provisions (1) General orders of removal Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 1225(b)(1) of this title) is governed only by chapter 158 of title 28, except as provided in subsection (b) and ex- cept that the court may not order the taking of additional evidence under section 2347(c) of such title. (2) Matters not subject to judicial review (A) Review relating to section 1225(b)(1) Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review— (i) except as provided in subsection (e), any individual determination or to enter- tain any other cause or claim arising from or relating to the implementation or oper- ation of an order of removal pursuant to section 1225(b)(1) of this title, (ii) except as provided in subsection (e), a decision by the Attorney General to in- voke the provisions of such section, (iii) the application of such section to in- dividual aliens, including the determina- tion made under section 1225(b)(1)(B) of this title, or (iv) except as provided in subsection (e), procedures and policies adopted by the At- torney General to implement the provi- sions of section 1225(b)(1) of this title. (B) Denials of discretionary relief Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in sub- paragraph (D), and regardless of whether the judgment, decision, or action is made in re- moval proceedings, no court shall have juris- diction to review— (i) any judgment regarding the granting of relief under section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this title, or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney Gen- eral or the Secretary of Homeland Secu- rity, other than the granting of relief under section 1158(a) of this title. (C) Orders against criminal aliens Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in sub- paragraph (D), no court shall have jurisdic- tion to review any final order of removal against an alien who is removable by reason of having committed a criminal offense cov- Page 338 TITLE 8—ALIENS AND NATIONALITY § 1252 ered in section 1182(a)(2) or 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 1227(a)(2)(A)(i) of this title. (D) Judicial review of certain legal claims Nothing in subparagraph (B) or (C), or in any other provision of this chapter (other than this section) which limits or eliminates judicial review, shall be construed as pre- cluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of ap- peals in accordance with this section. (3) Treatment of certain decisions No alien shall have a right to appeal from a decision of an immigration judge which is based solely on a certification described in section 1229a(c)(1)(B) of this title. (4) Claims under the United Nations Conven- tion Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus pro- vision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this sec- tion shall be the sole and exclusive means for judicial review of any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or De- grading Treatment or Punishment, except as provided in subsection (e). (5) Exclusive means of review Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus pro- vision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this sec- tion shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter, except as provided in subsection (e). For pur- poses of this chapter, in every provision that limits or eliminates judicial review or juris- diction to review, the terms ‘‘judicial review’’ and ‘‘jurisdiction to review’’ include habeas corpus review pursuant to section 2241 of title 28, or any other habeas corpus provision, sec- tions 1361 and 1651 of such title, and review pursuant to any other provision of law (statu- tory or nonstatutory). (b) Requirements for review of orders of removal With respect to review of an order of removal under subsection (a)(1), the following require- ments apply: (1) Deadline The petition for review must be filed not later than 30 days after the date of the final order of removal. (2) Venue and forms The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. The record and briefs do not have to be printed. The court of appeals shall re- view the proceeding on a typewritten record and on typewritten briefs. (3) Service (A) In general The respondent is the Attorney General. The petition shall be served on the Attorney General and on the officer or employee of the Service in charge of the Service district in which the final order of removal under section 1229a of this title was entered. (B) Stay of order Service of the petition on the officer or employee does not stay the removal of an alien pending the court’s decision on the pe- tition, unless the court orders otherwise. (C) Alien’s brief The alien shall serve and file a brief in connection with a petition for judicial re- view not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not ex- tend these deadlines except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this para- graph, the court shall dismiss the appeal un- less a manifest injustice would result. (4) Scope and standard for review Except as provided in paragraph (5)(B)— (A) the court of appeals shall decide the petition only on the administrative record on which the order of removal is based, (B) the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the con- trary, (C) a decision that an alien is not eligible for admission to the United States is conclu- sive unless manifestly contrary to law, and (D) the Attorney General’s discretionary judgment whether to grant relief under sec- tion 1158(a) of this title shall be conclusive unless manifestly contrary to the law and an abuse of discretion. No court shall reverse a determination made by a trier of fact with respect to the avail- ability of corroborating evidence, as described in section 1158(b)(1)(B), 1229a(c)(4)(B), or 1231(b)(3)(C) of this title, unless the court finds, pursuant to subsection (b)(4)(B), that a reasonable trier of fact is compelled to con- clude that such corroborating evidence is un- available. (5) Treatment of nationality claims (A) Court determination if no issue of fact If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner’s nationality is presented, the court shall decide the nationality claim. (B) Transfer if issue of fact If the petitioner claims to be a national of the United States and the court of appeals Page 339 TITLE 8—ALIENS AND NATIONALITY § 1252 1 See References in Text note below. finds that a genuine issue of material fact about the petitioner’s nationality is pre- sented, the court shall transfer the pro- ceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28. (C) Limitation on determination The petitioner may have such nationality claim decided only as provided in this para- graph. (6) Consolidation with review of motions to re- open or reconsider When a petitioner seeks review of an order under this section, any review sought of a mo- tion to reopen or reconsider the order shall be consolidated with the review of the order. (7) Challenge to validity of orders in certain criminal proceedings (A) In general If the validity of an order of removal has not been judicially decided, a defendant in a criminal proceeding charged with violating section 1253(a) of this title may challenge the validity of the order in the criminal pro- ceeding only by filing a separate motion be- fore trial. The district court, without a jury, shall decide the motion before trial. (B) Claims of United States nationality If the defendant claims in the motion to be a national of the United States and the dis- trict court finds that— (i) no genuine issue of material fact about the defendant’s nationality is pre- sented, the court shall decide the motion only on the administrative record on which the removal order is based and the administrative findings of fact are conclu- sive if supported by reasonable, substan- tial, and probative evidence on the record considered as a whole; or (ii) a genuine issue of material fact about the defendant’s nationality is pre- sented, the court shall hold a new hearing on the nationality claim and decide that claim as if an action had been brought under section 2201 of title 28. The defendant may have such nationality claim decided only as provided in this sub- paragraph. (C) Consequence of invalidation If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 1253(a) of this title. The United States Government may appeal the dismissal to the court of ap- peals for the appropriate circuit within 30 days after the date of the dismissal. (D) Limitation on filing petitions for review The defendant in a criminal proceeding under section 1253(a) of this title may not file a petition for review under subsection (a) during the criminal proceeding. (8) Construction This subsection— (A) does not prevent the Attorney General, after a final order of removal has been issued, from detaining the alien under sec- tion 1231(a) of this title; (B) does not relieve the alien from com- plying with section 1231(a)(4) of this title and section 1253(g) 1 of this title; and (C) does not require the Attorney General to defer removal of the alien. (9) Consolidation of questions for judicial re- view Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter shall be available only in judicial review of a final order under this section. Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28 or any other habeas corpus provision, by sec- tion 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact. (c) Requirements for petition A petition for review or for habeas corpus of an order of removal— (1) shall attach a copy of such order, and (2) shall state whether a court has upheld the validity of the order, and, if so, shall state the name of the court, the date of the court’s ruling, and the kind of proceeding. (d) Review of final orders A court may review a final order of removal only if— (1) the alien has exhausted all administra- tive remedies available to the alien as of right, and (2) another court has not decided the valid- ity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior ju- dicial proceeding or that the remedy provided by the prior proceeding was inadequate or in- effective to test the validity of the order. (e) Judicial review of orders under section 1225(b)(1) (1) Limitations on relief Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may— (A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien in accordance with section 1225(b)(1) of this title except as specifically authorized in a subsequent para- graph of this subsection, or (B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any ac- tion for which judicial review is authorized under a subsequent paragraph of this sub- section. (2) Habeas corpus proceedings Judicial review of any determination made under section 1225(b)(1) of this title is avail- Page 340 TITLE 8—ALIENS AND NATIONALITY § 1252 able in habeas corpus proceedings, but shall be limited to determinations of— (A) whether the petitioner is an alien, (B) whether the petitioner was ordered re- moved under such section, and (C) whether the petitioner can prove by a preponderance of the evidence that the peti- tioner is an alien lawfully admitted for per- manent residence, has been admitted as a refugee under section 1157 of this title, or has been granted asylum under section 1158 of this title, such status not having been ter- minated, and is entitled to such further in- quiry as prescribed by the Attorney General pursuant to section 1225(b)(1)(C) of this title. (3) Challenges on validity of the system (A) In general Judicial review of determinations under section 1225(b) of this title and its implemen- tation is available in an action instituted in the United States District Court for the Dis- trict of Columbia, but shall be limited to de- terminations of— (i) whether such section, or any regula- tion issued to implement such section, is constitutional; or (ii) whether such a regulation, or a writ- ten policy directive, written policy guide- line, or written procedure issued by or under the authority of the Attorney Gen- eral to implement such section, is not con- sistent with applicable provisions of this subchapter or is otherwise in violation of law. (B) Deadlines for bringing actions Any action instituted under this para- graph must be filed no later than 60 days after the date the challenged section, regula- tion, directive, guideline, or procedure de- scribed in clause (i) or (ii) of subparagraph (A) is first implemented. (C) Notice of appeal A notice of appeal of an order issued by the District Court under this paragraph may be filed not later than 30 days after the date of issuance of such order. (D) Expeditious consideration of cases It shall be the duty of the District Court, the Court of Appeals, and the Supreme Court of the United States to advance on the dock- et and to expedite to the greatest possible extent the disposition of any case considered under this paragraph. (4) Decision In any case where the court determines that the petitioner— (A) is an alien who was not ordered re- moved under section 1225(b)(1) of this title, or (B) has demonstrated by a preponderance of the evidence that the alien is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title, or has been granted asylum under section 1158 of this title, the court may order no remedy or relief other than to require that the petitioner be provided a hearing in accordance with section 1229a of this title. Any alien who is provided a hear- ing under section 1229a of this title pursuant to this paragraph may thereafter obtain ju- dicial review of any resulting final order of removal pursuant to subsection (a)(1). (5) Scope of inquiry In determining whether an alien has been or- dered removed under section 1225(b)(1) of this title, the court’s inquiry shall be limited to whether such an order in fact was issued and whether it relates to the petitioner. There shall be no review of whether the alien is actu- ally inadmissible or entitled to any relief from removal. (f) Limit on injunctive relief (1) In general Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or au- thority to enjoin or restrain the operation of the provisions of part IV of this subchapter, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated. (2) Particular cases Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law. (g) Exclusive jurisdiction Except as provided in this section and not- withstanding any other provision of law (statu- tory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter. (June 27, 1952, ch. 477, title II, ch. 5, § 242, 66 Stat. 208; Sept. 3, 1954, ch. 1263, § 17, 68 Stat. 1232; Pub. L. 97–116, § 18(h)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 98–473, title II, § 220(b), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99–603, title VII, § 701, Nov. 6, 1986, 100 Stat. 3445; Pub. L. 100–525, § 9(n), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 100–690, title VII, § 7343(a), Nov. 18, 1988, 102 Stat. 4470; Pub. L. 101–649, title V, §§ 504(a), 545(e), title VI, § 603(b)(2), Nov. 29, 1990, 104 Stat. 5049, 5066, 5085; Pub. L. 102–232, title III, §§ 306(a)(4), (c)(7), 307(m)(2), 309(b)(9), Dec. 12, 1991, 105 Stat. 1751, 1753, 1757, 1759; Pub. L. 103–322, title II, § 20301(a), title XIII, § 130001(a), Sept. 13, 1994, 108 Stat. 1823, 2023; Pub. L. 103–416, title II, §§ 219(h), 224(b), Oct. 25, 1994, 108 Stat. 4317, 4324; Pub. L. 104–132, title IV, §§ 436(a), (b)(1), 438(a), 440(c), (h), Apr. 24, 1996, 110 Stat. 1275, 1277, 1279; Pub. L. 104–208, div. C, title III, §§ 306(a), (d), 308(g)(10)(H), 371(b)(6), Sept. 30, 1996, 110 Stat. 3009–607, 3009–612, Page 341 TITLE 8—ALIENS AND NATIONALITY § 1252 3009–625, 3009–645; Pub. L. 109–13, div. B, title I, §§ 101(e), (f), 106(a), May 11, 2005, 119 Stat. 305, 310.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2)(D), (5), and (g), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Section 1253 of this title, referred to in subsec. (b)(8)(B), was amended generally by Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and, as so amended, no longer contains a subsec. (g). Provi- sions similar to those contained in former subsec. (g) of section 1253 are now contained in subsec. (d) of section 1253. Rule 23 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (e)(1)(B), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Illegal Immigration Reform and Immigrant Re- sponsibility Act of 1996, referred to in subsec. (f)(1), is div. C of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–546. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under sec- tion 1101 of this title and Tables. AMENDMENTS 2005—Subsec. (a)(2)(A). Pub. L. 109–13, § 106(a)(1)(A)(i), inserted ‘‘(statutory or nonstatutory), including sec- tion 2241 of title 28, or any other habeas corpus provi- sion, and sections 1361 and 1651 of such title’’ after ‘‘Notwithstanding any other provision of law’’ in intro- ductory provisions. Subsec. (a)(2)(B). Pub. L. 109–13, § 106(a)(1)(A)(ii), in- serted ‘‘(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)’’ after ‘‘Notwithstanding any other provision of law’’ in introductory provisions. Pub. L. 109–13, § 101(f)(2), inserted ‘‘and regardless of whether the judgment, decision, or action is made in removal proceedings,’’ before ‘‘no court shall’’ in intro- ductory provisions. Subsec. (a)(2)(B)(ii). Pub. L. 109–13, § 101(f)(1), inserted ‘‘or the Secretary of Homeland Security’’ after ‘‘Attor- ney General’’ in two places. Subsec. (a)(2)(C). Pub. L. 109–13, § 106(a)(1)(A)(ii), in- serted ‘‘(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)’’ after ‘‘Notwithstanding any other provision of law’’. Subsec. (a)(2)(D). Pub. L. 109–13, § 106(a)(1)(A)(iii), added subpar. (D). Subsec. (a)(4), (5). Pub. L. 109–13, § 106(a)(1)(B), added pars. (4) and (5). Subsec. (b)(4). Pub. L. 109–13, § 101(e), added con- cluding provisions. Subsec. (b)(9). Pub. L. 109–13, § 106(a)(2), inserted at end ‘‘Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28 or any other habeas corpus provi- sion, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact.’’ Subsec. (g). Pub. L. 109–13, § 106(a)(3), inserted ‘‘(statu- tory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title’’ after ‘‘notwithstanding any other provision of law’’. 1996—Pub. L. 104–208, § 306(a)(2), amended section gen- erally, substituting subsecs. (a) to (g) relating to judi- cial review of orders of removal for former subsecs. (a) to (i) relating to apprehension and deportation of aliens. Subsec. (a)(2). Pub. L. 104–132, § 440(c)(2), struck out subpar. (B) which read as follows: ‘‘The Attorney Gen- eral may not release from custody any lawfully admit- ted alien who has been convicted of an aggravated fel- ony, either before or after a determination of deport- ability, unless the alien demonstrates to the satisfac- tion of the Attorney General that such alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.’’ Pub. L. 104–132, § 440(c)(1)(C), struck out ‘‘but subject to subparagraph (B)’’ before ‘‘, the Attorney General shall not release’’. Pub. L. 104–132, § 440(c)(1)(B), as amended by Pub. L. 104–208, §§ 306(d), 308(g)(10)(H), substituted ‘‘any crimi- nal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate of- fenses are, without regard to the date of their commis- sion, otherwise covered by section 1227(a)(2)(A)(i) of this title’’ for ‘‘an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regard- less of the possibility of rearrest or further confine- ment in respect of the same offense)’’. Pub. L. 104–132, § 440(c)(1)(A), substituted ‘‘(2) The At- torney’’ for ‘‘(2)(A) The Attorney’’. Subsec. (b). Pub. L. 104–208, § 371(b)(6), substituted ‘‘An immigration judge’’ for ‘‘A special inquiry offi- cer’’, ‘‘an immigration judge’’ for ‘‘a special inquiry of- ficer’’ in two places, and ‘‘immigration judge’’ for ‘‘spe- cial inquiry officer’’ wherever appearing. Pub. L. 104–132, § 436(a), inserted before period at end of second sentence ‘‘; except that nothing in this sub- section shall preclude the Attorney General from au- thorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien’’. Subsec. (c)(1). Pub. L. 104–132, § 440(h)(1), designated existing provisions of subsec. (c) as par. (1) and sub- stituted ‘‘Subject to paragraph (2), when a final order’’ for ‘‘When a final order’’. Subsec. (c)(2). Pub. L. 104–132, § 440(h)(2), as amended by Pub. L. 104–208, §§ 306(d), 308(g)(10)(H), added par. (2). Subsec. (h). Pub. L. 104–132, § 438(a), amended subsec. (h) generally, restating prior single par. as par. (1) and adding pars. (2) and (3) authorizing the Attorney Gen- eral to deport an alien prior to the completion of a sen- tence of imprisonment and requiring notice to deported aliens of penalties for reentry. Subsec. (i). Pub. L. 104–132, § 436(b)(1), inserted at end ‘‘Nothing in this subsection shall be construed to cre- ate any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.’’ Subsec. (j). Pub. L. 104–208, § 306(a)(1), redesignated subsec. (j) as subsec. (i) of section 1231 of this title. 1994—Subsec. (b). Pub. L. 103–416, § 224(b), substituted ‘‘Except as provided in section 1252a(d) of this title, the’’ for ‘‘The’’ in ninth sentence. Subsec. (e). Pub. L. 103–322, § 130001(a), struck out ‘‘paragraph (2), (3), or (4) of’’ before ‘‘section 1251(a) of this title’’ and substituted ‘‘shall be imprisoned not more than four years, or shall be imprisoned not more than ten years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1251(a) of this title.’’ for ‘‘shall be imprisoned not more than ten years’’. Subsec. (h). Pub. L. 103–416, § 219(h), substituted ‘‘Pa- role,’’ for ‘‘Parole,,’’. Subsec. (j). Pub. L. 103–322, § 20301(a), added subsec. (j). 1991—Subsec. (a)(2)(B). Pub. L. 102–232, § 306(a)(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘The Attorney General shall release from custody an alien who is lawfully ad- mitted for permanent residence on bond or such other conditions as the Attorney General may prescribe if the Attorney General determines that the alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.’’ Page 342 TITLE 8—ALIENS AND NATIONALITY § 1252 Subsec. (b). Pub. L. 102–232, § 306(c)(7), amended eighth sentence generally, substituting ‘‘Such regulations shall include requirements that are consistent with section 1252b of this title and that provide that—’’ and pars. (1) to (4) for ‘‘Such regulations shall include re- quirements consistent with section 1252b of this title.’’ Subsec. (e). Pub. L. 102–232, § 307(m)(2), substituted ‘‘paragraph (2), (3), or (4)’’ for ‘‘paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)’’. Subsec. (h). Pub. L. 102–232, § 309(b)(9), inserted a comma after ‘‘Parole’’. 1990—Subsec. (a)(2). Pub. L. 101–649, § 504(a), des- ignated existing text as subpar. (A), substituted ‘‘upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)’’ for ‘‘upon completion of the alien’s sentence for such conviction’’ and ‘‘Notwithstanding paragraph (1) or subsections (c) and (d) of this section but subject to subparagraph (B)’’ for ‘‘Notwithstanding subsection (a) of this section’’, and added subpar. (B). Subsec. (b). Pub. L. 101–649, § 603(b)(2)(A), substituted ‘‘(2), (3), or (4)’’ for ‘‘(4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)’’. Pub. L. 101–649, § 545(e), amended eighth sentence gen- erally. Prior to amendment, eighth sentence read as follows: ‘‘Such regulations shall include requirements that— ‘‘(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held; ‘‘(2) the alien shall have the privilege of being rep- resented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose; ‘‘(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evi- dence in his own behalf, and to cross-examine wit- nesses presented by the Government; and ‘‘(4) no decision of deportability shall be valid un- less it is based upon reasonable, substantial, and pro- bative evidence.’’ Subsec. (e). Pub. L. 101–649, § 603(b)(2)(B), which di- rected the substitution of ‘‘paragraph (2), (3) or (4)’’ for ‘‘paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)’’, could not be executed because the quoted language differed from the text. See 1991 Amendment note above. 1988—Subsec. (a). Pub. L. 100–690 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), any’’ for ‘‘Any’’, redesignated cls. (1) to (3) as (A) to (C), respectively, and added pars. (2) and (3). Subsec. (e). Pub. L. 100–525 struck out ‘‘or from Sep- tember 23, 1950, whichever is the later,’’ after ‘‘from the date of the final order of the court,’’. 1986—Subsec. (i). Pub. L. 99–603 added subsec. (i). 1984—Subsec. (h). Pub. L. 98–473, which directed that ‘‘supervised release,’’ be inserted after ‘‘parole,’’, was executed by inserting ‘‘supervised release,’’ after ‘‘Pa- role,’’ to reflect the probable intent of Congress. 1981—Subsec. (b). Pub. L. 97–116, § 18(h)(1)(A), sub- stituted ‘‘(18), or (19)’’ for ‘‘or (18)’’ in provision fol- lowing par. (4). Subsec. (e). Pub. L. 97–116, § 18(h)(1)(B), substituted ‘‘(18), or (19)’’ for ‘‘or (18)’’. 1954—Subsec. (d). Act Sept. 3, 1954, struck out ‘‘shall upon conviction be guilty of a felony.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–13, div. B, title I, § 101(h)(3), (4), May 11, 2005, 119 Stat. 305, 306, provided that: ‘‘(3) The amendment made by subsection (e) [amend- ing this section] shall take effect on the date of the en- actment of this division [May 11, 2005] and shall apply to all cases in which the final administrative removal order is or was issued before, on, or after such date. ‘‘(4) The amendments made by subsection (f) [amend- ing this section] shall take effect on the date of the en- actment of this division [May 11, 2005] and shall apply to all cases pending before any court on or after such date.’’ Pub. L. 109–13, div. B, title I, § 106(b), May 11, 2005, 119 Stat. 311, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect upon the date of the enactment of this division [May 11, 2005] and shall apply to cases in which the final admin- istrative order of removal, deportation, or exclusion was issued before, on, or after the date of the enact- ment of this division.’’ EFFECTIVE DATE OF 1996 AMENDMENTS Pub. L. 104–208, div. C, title III, § 306(c), Sept. 30, 1996, 110 Stat. 3009–612, as amended by Pub. L. 104–302, § 2(1), Oct. 11, 1996, 110 Stat. 3657, provided that: ‘‘(1) IN GENERAL.—Subject to paragraph (2), the amendments made by subsections (a) and (b) [amending this section and section 1231 of this title and repealing section 1105a of this title] shall apply as provided under section 309 [8 U.S.C. 1101 note], except that subsection (g) of section 242 of the Immigration and Nationality Act [8 U.S.C. 1252(g)] (as added by subsection (a)), shall apply without limitation to claims arising from all past, pending, or future exclusion, deportation, or re- moval proceedings under such Act [8 U.S.C. 1101 et seq.]. ‘‘(2) LIMITATION.—Paragraph (1) shall not be consid- ered to invalidate or to require the reconsideration of any judgment or order entered under section 106 of the Immigration and Nationality Act [former 8 U.S.C. 1105a], as amended by section 440 of Public Law 104–132.’’ [Pub. L. 104–302, § 2, Oct. 11, 1996, 110 Stat. 3657, pro- vided that the amendment made by section 2(1) to sec- tion 306(c)(1) of Pub. L. 104–208, set out above, is effec- tive Sept. 30, 1996.] Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996, 110 Stat. 3009–612, provided that the amendment made by section 306(d) is effective as if included in the enact- ment of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132. Amendment by section 308(g)(10)(H) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 371(b)(6) of Pub. L. 104–208 ef- fective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. For delayed effective date of amendment by section 440(c) of Pub. L. 104–132, see section 303(b)(2) of Pub. L. 104–208, set out as a note under section 1226 of this title. Pub. L. 104–132, title IV, § 436(b)(3), Apr. 24, 1996, 110 Stat. 1275, provided that: ‘‘The amendments made by this subsection [amending this section and provisions set out as a note under section 1101 of this title] shall take effect as if included in the enactment of the Immi- gration and Nationality Technical Corrections Act of 1994 (Public Law 103–416).’’ EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by section 219(h) of Pub. L. 103–416 effec- tive as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. Pub. L. 103–416, title II, § 224(c), Oct. 25, 1994, 108 Stat. 4324, provided that: ‘‘The amendments made by this section [amending this section and section 1252a of this title] shall apply to all aliens whose adjudication of guilt or guilty plea is entered in the record after the date of enactment of this Act [Oct. 25, 1994].’’ Pub. L. 103–322, title II, § 20301(b), Sept. 13, 1994, 108 Stat. 1824, provided that: ‘‘The amendment made by Page 343 TITLE 8—ALIENS AND NATIONALITY § 1252 subsection (a) [amending this section] shall take effect October 1, 1994.’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 306(a)(4), (c)(7) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. Pub. L. 102–232, title III, § 307(m), Dec. 12, 1991, 105 Stat. 1757, provided that the amendment made by sec- tion 307(m)(2) of Pub. L. 102–232 is effective as if in- cluded in section 603(b) of the Immigration Act of 1990, Pub. L. 101–649. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–649, title V, § 504(c), Nov. 29, 1990, 104 Stat. 5050, provided that: ‘‘The amendments made by this section [amending this section and section 1226 of this title] shall take effect on the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 545(g), Nov. 29, 1990, 104 Stat. 5066, as amended by Pub. L. 104–208, div. C, title III, § 308(b)(6)(B), Sept. 30, 1996, 110 Stat. 3009–623, provided that: ‘‘(1) NOTICE-RELATED PROVISIONS.— ‘‘(A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and Nationality Act [former 8 U.S.C. 1252b(a), (b), (c) and (e)(1)] (as inserted by the amendment made by subsection (a)), and the amend- ment made by subsection (e) [amending this section], shall be effective on a date specified by the Attorney General in the certification described in subpara- graph (B), which date may not be earlier than 6 months after the date of such certification. ‘‘(B) The Attorney General shall certify to the Con- gress when the central address file system (described in section 239(a)(4) [probably means 239(a)(3)] of the Immigration and Nationality Act) [8 U.S.C. 1229(a)(3)] has been established. ‘‘(C) The Comptroller General shall submit to Con- gress, within 3 months after the date of the Attorney General’s certification under subparagraph (B), a re- port on the adequacy of such system. ‘‘(2) CERTAIN LIMITS ON DISCRETIONARY RELIEF; SANC- TIONS FOR FRIVOLOUS BEHAVIOR.—Subsections (d), (e)(2), and (e)(3) of section 242B of the Immigration and Na- tionality Act (as inserted by the amendment made by subsection (a)) shall be effective on the date of the en- actment of this Act [Nov. 29, 1990]. ‘‘(3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR IN ASYLUM HEARING.—Subsection (e)(4) of sec- tion 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on February 1, 1991. ‘‘(4) CONSOLIDATION OF RELIEF IN JUDICIAL REVIEW.— The amendments made by subsection (b) [amending section 1105a of this title] shall apply to final orders of deportation entered on or after January 1, 1991.’’ Amendment by section 603(b)(2) of Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–690, title VII, § 7343(c), Nov. 18, 1988, 102 Stat. 4470, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sec- tion 1254 of this title] shall apply to any alien who has been convicted, on or after the date of the enactment of this Act [Nov. 18, 1988], of an aggravated felony.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Pro- cedure. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. REGULATIONS Pub. L. 101–649, title V, § 545(d), Nov. 29, 1990, 104 Stat. 5066, provided that: ‘‘Within 6 months after the date of the enactment of this Act [Nov. 29, 1990], the Attorney General shall issue regulations with respect to— ‘‘(1) the period of time in which motions to reopen and to reconsider may be offered in deportation pro- ceedings, which regulations include a limitation on the number of such motions that may be filed and a maximum time period for the filing of such motions; and ‘‘(2) the time period for the filing of administrative appeals in deportation proceedings and for the filing of appellate and reply briefs, which regulations in- clude a limitation on the number of administrative appeals that may be made, a maximum time period for the filing of such motions and briefs, the items to be included in the notice of appeal, and the consolida- tion of motions to reopen or to reconsider with the appeal of the order of deportation.’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. TRANSFER OF CASES Pub. L. 109–13, div. B, title I, § 106(c), May 11, 2005, 119 Stat. 311, provided that: ‘‘If an alien’s case, brought under section 2241 of title 28, United States Code, and challenging a final administrative order of removal, de- portation, or exclusion, is pending in a district court on the date of the enactment of this division [May 11, 2005], then the district court shall transfer the case (or the part of the case that challenges the order of re- moval, deportation, or exclusion) to the court of ap- peals for the circuit in which a petition for review could have been properly filed under section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section, or under section 309(c)(4)(D) of the Illegal Immigration Reform and Immigrant Re- sponsibility Act of 1996 [Pub. L. 104–208, div. C] (8 U.S.C. 1101 note). The court of appeals shall treat the trans- ferred case as if it had been filed pursuant to a petition for review under such section 242, except that sub- section (b)(1) of such section shall not apply.’’ TRANSITIONAL RULE CASES Pub. L. 109–13, div. B, title I, § 106(d), May 11, 2005, 119 Stat. 311, provided that: ‘‘A petition for review filed under former section 106(a) of the Immigration and Na- tionality Act [8 U.S.C. 1105a(a)] (as in effect before its repeal by section 306(b) of the Illegal Immigration Re- form and Immigrant Responsibility Act of 1996 [Pub. L. 104–208, div. C] (8 U.S.C. 1252 note)) shall be treated as if it had been filed as a petition for review under sec- tion 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section. Notwith- standing any other provision of law (statutory or non- statutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, such petition for re- view shall be the sole and exclusive means for judicial review of an order of deportation or exclusion.’’ REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Page 344 TITLE 8—ALIENS AND NATIONALITY § 1252a Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE Pub. L. 103–322, title XIII, § 130008, Sept. 13, 1994, 108 Stat. 2029, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b) and not- withstanding any other provision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifts of property and services (which may not include cash assistance) from State and local governments for the purpose of as- sisting the Immigration and Naturalization Service in the transportation of deportable aliens who are ar- rested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary depar- ture under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. ‘‘(b) LIMITATION.—The Attorney General shall termi- nate or rescind the exercise of the authority under sub- section (a) if the Attorney General determines that the exercise of such authority has resulted in discrimina- tion by law enforcement officials on the basis of race, color, or national origin.’’ § 1252a. Transferred Editorial Notes CODIFICATION Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to ex- pedited removal of aliens convicted of committing ag- gravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1228 of this title. § 1252b. Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615 Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B, as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232, title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat. 3009–645, related to deportation procedures. See sections 1229 and 1229a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amend- ments note under section 1101 of this title. § 1252c. Authorizing State and local law enforce- ment officials to arrest and detain certain il- legal aliens (a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement offi- cials are authorized to arrest and detain an indi- vidual who— (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforce- ment officials obtain appropriate confirmation from the Immigration and Naturalization Serv- ice of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal cus- tody for purposes of deporting or removing the alien from the United States. (b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement of- ficials in carrying out duties under subsection (a) is made available to such officials. (Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110 Stat. 1276.) Editorial Notes CODIFICATION This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which com- prises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1253. Penalties related to removal (a) Penalty for failure to depart (1) In general Any alien against whom a final order of re- moval is outstanding by reason of being a member of any of the classes described in sec- tion 1227(a) of this title, who— (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make time- ly application in good faith for travel or other documents necessary to the alien’s de- parture, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or ham- pering the alien’s departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both. (2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing